5 Questions to Ask an Experienced Defective Product Lawyer
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If you suffered serious harm from using a faulty or defective product, contacting a defective product lawyer should be a priority. Product liability law is complex, and an experienced attorney will help you achieve the best financial outcome.
Do You Have a Case?Here are five questions to ask during your first phone consultation:
I’m not sure about filing my claim remotely. Can I wait until things are back to normal?
Waiting to file a defective product claim is not a good idea. Michigan has a strict statute of limitations for personal injury cases. If you wait too long, you could lose your right to recover the compensation you deserve.
At The Sam Bernstein Law Firm, we are fully equipped to handle your case while you remain safely at home. All you have to do is call us and our experienced team of defective product lawyers will take it from there.
What is the Michigan product liability law?
Defective product claims are governed by the Michigan Product Liability Act. According to this law, the plaintiff must prove the product was “unreasonably dangerous” when the manufacturer released it. In addition, plaintiffs must prove there was a “technically feasible and practical alternative design” available during the item’s production time.
Finally, the victim has to show the defective product directly caused the injury.
What are the most common kinds of product defects?
Products may be considered defective for several reasons:
Negligent design and/or manufacturing
Many defective product claims are based on design flaws or mistakes that occur during manufacturing. However, the law requires plaintiffs to demonstrate that a safer design option was available. This is one of many reasons to hire an experienced defective product lawyer who specializes in faulty product cases.
Negligent failure to warn the consumer
Manufacturers have a duty to warn consumers about hidden dangers that would not be obvious to a “reasonable user.” In addition, they must provide instructions on how to use the product safely and avoid potential dangers. However, the plaintiff has to prove the manufacturer knew about possible hazards and failed to include appropriate warnings.
Fraud or misrepresentation
A consumer may suffer harm because the manufacturer provided false or misleading product information. In this instance, the product liability lawsuit is based on untrue information rather than a product defect.
Breach of implied or express warranty
Manufacturers usually provide express or implied warranties for their products. Breaching either type of warranty can be grounds for a defective product lawsuit.
An express warranty contains specific claims or representations about the quality or standards of the product. Additionally, the plaintiff must prove they were injured because the product did not fulfill the claims of the express warranty.
An implied warranty is a guarantee that the product is in good working order and safe to use for its intended purpose.
What if I were partially at fault for the incident that caused my injuries?
In Michigan, personal injury plaintiffs are subject to the principles of “comparative negligence.” This means your compensation may be affected if you were even partially at fault for your injuries. Plaintiffs who are more than 50% at fault cannot receive compensation for non-economic damages such as pain and suffering.
How much will it cost me to hire a defective product lawyer?
A reputable personal injury attorney will not charge a retainer or up-front fee to take your case. Our firm works on a contingency basis, which means we don’t collect a fee unless we win your case. In addition, plaintiffs who hire personal injury lawyers win higher settlements and verdicts than those who represent themselves.
Product liability law is complicated, but finding the right lawyer is simple.
Call 1-800-CALL-SAM today for a free no-obligation consultation from the safety of your home.
Sources
- https://www.nolo.com/legal-encyclopedia/types-of-defective-product-liability-30070.html
- https://www.legislature.mi.gov/Laws/MCL?objectName=MCL-600-2946
